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AG 07-196 1. 2. 4. 5. 6. RETURN TO: N\ _ ll~ \~ CITY OF FEDERAL AY LAW DEPARTMENT REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP ORIGINATING DEPT.IDIV: p~ ~.;;; \ I/c;;()(') ORIGINATING STAFF PERSON: 01"VVV ~ EXT: ~3. DATEREQ.BY: TYPE OF DOCUMENT REQUESTED (CHECK ONE) o PROFESSIONAL SERVICE AGREEMENT o MAINTENANCE/LABOR AGREEMENT o PUBLIC WORKS CONTRACT o SMALL PUBLIC WORKS CONTRACT (LESS THAN $200.000) o PURCHASE AGREEMENT) (MATERIALS, SUPPLIES. EQUIPMENT) o REAL ESTATE DOCUMENT o SECURITY DOCUMENT (E.G. AGREEMENT & PERF/MAIN BOND; ASSIGNMENT OF FUNDS IN LIEU OF BOND) o CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) o CONTRACT AMENDMENT o CDBG "..-ffOTHER (V\()\A AG#: tJ7- Ie; t.r PROJECT NAME: w~\?~.n ~ "' t\S t'J\()U NAME OF CONTRACTOR: rv\OS 3'\ c... ADDRESS: 4el +'G.rl'- to14.....\ ~~ '31\ l<-'\d<..k......-cJ SIGNATURE NAME: \N",\\-v- &,,,-,-,,,- t:t 'rD ~ ~ TELEPHONE 420- 803- 8Q3u TITLE \\<.a-. pr<...,'=) 7. ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT o INSURANCE CERTIFICATE 0 DOCUMENT AUTHORIZING SIGNATURE 8. 9. 10. 11. TERM: COMMENCEMENT DATE: COMPLETION DATE: ft...rrc-~ \ TOTAL COMPENSATION $ t'Jl\ (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED 0 YES 0 NO IF YES, $ ~ o PURCHASING: PLEASE CHARGE TO: fV~ CONTRACT REVIEW INITIALIDATE APPROVED ~ROJECTMANAGER Sl?- \'2.-- n-D-? o DIRECTOR f o RISK MANAGEMENT (IF APPLICABLE) ~LAW 11"-\1-0\ PAID BY: 0 CONTRACTOR 0 CITY INITIALIDATE APPROVED ~ CONTRACT SIGNATURE ROUTING ~LAW DEPARTMENT o CITY MANAGER o CITY CLERK o SIGN COPY BACK TO ORGINATING DEPT. o ASSIGNED AG# cY7 - ft1 Y INITIALIDATE APPROVED ~~[fIOi INITIALIDATE APPROVED COMMENTS 07/05 ~ MEMORANDUM OF UNDERSTANDING BETWEEN MOSAIC USA FEDERAL WAY, L.P. AND THE CITY OF FEDERAL WAY, WASHINGTON THIS MEMORANDUM OF UNDERSTANDING ("MOD") is made effective this /7-fl-- day of ~".et?~./" 2007 ("Effective Date"). The parties ("Parties") to this MOD are the City of Fede al Way ("City"), a Washington municipal corporation, and MosaIC DSA Federal Way, ("Property Owner"), a Washington Limited Partnership. RECITALS: WHEREAS, the Property Owner owns Coronodo Village (a.k.a. Whispering Hills), more particularly described in, and depicted on, Exhibit A to this MOD; and WHEREAS, the City owns Tract "A," located in Coronodo Village, near the intersection of SW 325th Street and 25th Avenue SW, more particularly described in, and depicted on, Ex. A; and WHEREAS, Tract "A" was dedicated to the City for recreational open space; and WHEREAS, there exist utility easements located in Tract "A", more particularly described in, and depicted on, Ex. A; and WHEREAS, the Property Owner desires to install and maintain irrigation and grass on a portion of Tract "A"; and WHEREAS, the City has an interest in maintaining and preserving open space; and WHEREAS, the City desires to give Property Owner permission to maintain a portion of Tract "A", provided that Property Owner follows the terms ofthis MOD; and WHEREAS, the parties agree that this Memorandum ofDnderstanding is beneficial; and WHEREAS, the City and Property Owner agree that the open space will remain open to the public. NOW, THEREFORE, in consideration of the mutual benefits set forth in this MOD, the Parties agree as follows: 1. Commitment of the Property Owner. A. Preparation of Site. Property Owner shall: i. Demolish concrete path located on portion of Tract "A." R:\PROJECT ADMINISTRATION FILES\Trellis\Development\4. Condo Docs\B. LegaI\Whispering Hills MOU Recorded.doc 1 11. Install topsoil and sod over existing bark/wood chips. B. Installation and Maintenance ofIrrigation. Property owner shall: 1. Install and maintain irrigation and grass so as not to interfere with existing easements and utilities. 11. Install and maintain irrigation and grass in a safe manner. C. Payment of Costs. Property Owner shall be responsible for paying all expenses, including, but not limited to, smoothing and grading site, installing soil, irrigation and grass, and maintaining irrigation and grass. D. Work Performed bv Contractor. If Property Owner has work done by a contractor, Property Owner agrees to provide the City with proof that the contractor is licensed, bonded and has sufficient insurance coverage. 2. Commitment of the City. A. Preparation of Site. The City shall demolish the playstructure and fence located on Tract "A" and shall bring the sub grade up to 6" of the surrounding finished grade. B. Construction Trailer. The City agrees to allow Property Owner to park a construction trailer on Tract "A," in current location, during work described in Section 1 of this Agreement. C. Permission to Complete Work. The City grants Property Owner permission to complete the work described in Section 1 of this Agreement. D. Maintenance of Trees on Tract "A". The City agrees to naturally maintain the trees located on Tract "A". 3. Term. The initial term of this MOD shall be for a period of one year, commencing on the Effective Date. Thereafter, this MOD shall renew automatically for successive one-year periods unless terminated by either party upon written notice to the other no less than thirty days prior to the expiration of the initial term or any renewal term. At any time, either party may terminate this agreement with thirty days written notice to the other party. 4. Indemnification. The Property Owner shall indemnify and hold harmless the City and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the Property Owner, its employees, agents, or contractors, which may arise out of this MOD. The City shall indemnify and hold harmless the Property Owner and its officers, boards, commissions, employees, agents, attorneys, and contractors from and against any and all R:\PROJECT ADMINISTRATION FILES\Trellis\Development\4. Condo Docs\B. LegaI\Whispering Hills MOD Recorded.doc 2 liability, damages, and claims, (including, without limitation, reasonable fees and expenses of attorneys, expert witnesses and consultants), which may be asserted by reason of any act or omission of the City, its employees, agents, or contractors, which may arise out of this MOU. 5. Governing Law. This MOU shall be governed by and construed in accordance with the laws of the State of Washington. 6. Severability. If any provision of this MOU is held to be void, invalid, illegal or unenforceable under any law or regulation, such void, invalid, illegal or unenforceable provision shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon the City and Property Owner. 7. Entire Agreement. This MOU represents the entire understanding and agreement between the Parties. This MOU cannot be amended or modified except by another written document duly signed and executed by the City and Property Owner. IN WITNESS WHEREOF, the Property Owner and the City have executed this Memorandum of Understanding as of the day and year first written above by their duly authorized representatives. CITY OF FEDERAL WAY ~..~ By: City Manager, Neal Beets 33325 8th Ave S P.O. Box 9718 Federal Way, WA 98063-9718 ATTEST: , MC TO FORM: City Attorney, Patricia A Richardson R:\PROJECT ADMINISTRATION FILES\Trellis\Development\4. Condo Docs\B. LegaI\Whispering Hills MOU Recorded.doc 3 PROPERTY OWNER MOSAIC USA FEDERAL WAY L.P., a Limited partnership BY PALISADE HOLDINGS INC, a Washington Corporation, its General Partner By: C ~~ Wal r Br~un, V Ice President ~ STATE OF WASHINGTON) ) ss. ) COUNTY OF \(, nt:... o On this day personally appeared before me Walter Braun and executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official S , 2007. ~ &; (typed/printed name of notary) Notary Public in and for the State of Washington. My commission expires~ Notary Public State of Washington DAWN CARR SCHROEDER MY COMMISSION EXPIRES September 09, 2011 R:\PROJECT ADMINISTRATION FILES\Trellis\Development\4. Condo Docs\B. LegaI\Whispering Hills MOU Recorded.doc 4